Wilson

People v. Wilson

Good Law
1966 Cal. App. LEXIS 1767·239 Cal. App. 2d 358·48 Cal. Rptr. 638
Court of Appeal of CaliforniaJanuary 13, 1966Crim. 10827California2,845 words

Opinion

Opinion

Drucker, J.

The defendant appeals from an order denying her motion for a new trial, following a conviction of two counts of violation of section 11501, Health and Safety Code. She was committed for narcotic addiction. (Pen. Code, § 1237, suhd. 2.) The main contentions urged by defendant are: That she was denied her constitutional rights to a speedy trial and due process of law by reason of a deliberate delay in the presentation of evidence to the grand jury; that she was denied a fair trial when the prosecution failed to make the participant-informant, Samuel Kinsey, available to the defendant for pretrial interview, or possible use as a witness; that there was a negligent suppression of evidence; and that a duty devolved upon the prosecution to present all eyewitnesses to a transaction.

Extensive pretrial discovery proceedings were conducted before several judges, in which the defendant together with numerous other defendants facing narcotics charges, sought, in common cause, to learn the whereabouts of the participant-informant. Testimony was elicited from the undercover officer, narcotic officers, supervising police officers engaged in the narcotic buy program for the Los Angeles Police…

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